Capitol Report

June 22, 2009

By Tamika Wilson

This is a status report on recently passed and pending legislation and regulations, gubernatorial nominations and appointments of interest to lawyers. It is compiled by the legislative department of the New Jersey State Bar Association. Following each bill is the number, sponsor's name, the NJSBA position, if any, bill description and status.

Pending Legislation

BANKING LAW

S-2777/A-4063 (Rice/Watson Coleman) (Under review by the NJSBA) Establishes the New Jersey Foreclosure Fairness Act; imposes additional foreclosure notice requirements; amends the Mortgage Stabilization and Relief Act. On June 11, S-2777 was released from the Senate Commerce Committee with committee amendments and is awaiting Senate vote.

CONSTRUCTION LAW

S-1449 (Rice) (Under review by the NJSBA) Strengthens the state construction code. On June 11, the bill was released from the Senate Budget and Appropriations Committee with committee amendments and is awaiting Senate vote.

CONSUMER PROTECTION LAW

S-1028 (Rice) (Under review by the NJSBA) Establishes the New Homebuyers' Bill of Rights Act. On June 11, the bill was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

S-1029 (Rice) (Under review by the NJSBA) Enhances protections for new homebuyers. On June 11, the bill was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

S-1450 (Rice) (Under review by the NJSBA) Enhances protections afforded purchasers in planned real estate developments. On June 11, the bill was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

ELDER AND DISABILITY LAW

S-1551/A-2844 (Cunningham/Love) (NJSBA supports) Establishes a Silver Alert System. On June 11, S-1551 was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

ENVIRONMENTAL LAW

S-2191/A-3271 (Van Drew) (Under review by the NJSBA) Increases civil penalties for medical waste violations and intentional ocean pollution. On June 11, S-2191 was released from the Senate Budget and Appropriations Committee and is awaiting Senate vote.

REAL PROPERTY, TRUST AND ESTATE LAW

S-653 (Sarlo) (Under review by the NJSBA) Establishes certain standards for the sale of state surplus real property. On June 11, the bill was released from the Senate State Government Committee with committee amendments and is awaiting Senate vote.

S-1356/A-2406 (Madden/Rodriguez) (NJSBA supports) Clarifies the obligation of cemeteries to hold consumer prepayments for cemetery services in trust accounts. On June 11, S-1356 was released from the Senate Commerce Committee and is awaiting Senate vote.

Nominations

The following nominations were referred to the Senate Judiciary Committee on June 11:

JUDGE OF THE TAX COURT Joseph Andresini, of Haworth, NJSBA memberMala Narayanan, of West Windsor, NJSBA member

ADMINISTRATIVE LAW JUDGE Mark Infante, of West Orange, NJSBA memberKelly Kirk, of Ramsey Evelyn Marose, of Ridgewood, NJSBA member

WORKERS' COMPENSATION JUDGE Theresa Yang, of Parlin, NJSBA member

DIRECTOR OF THE DIVISION OF INSURANCE Douglas A. Wheeler, of Metuchen, NJSBA member

KEAN UNIVERSITY BOARD OF TRUSTEES Lester Aron, of Livingston, NJSBA memberMichael D'Agostino, of Union David Halpern, of Livingston Joan Verplanck, of Pennington

NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION Lawrence Henderson, of Scotch Plains, NJSBA member

Executive Orders

ENVIRONMENTAL LAW

Executive Order No. 140 (2009) Orders and directs at sites where groundwater has been impacted by pollutants above remediation standards, or where the site may be used as residential housing, or for educational purposes, including use as a child care or day care center, a public, private, or charter school, or a playground or ball field, the Department of Environmental Protection shall increase its auditing, monitoring, and review of conditions at the site.

Regulatory Matters

Below please find proposed regulations with a deadline for comment of July 31, unless otherwise noted: